A motorsport enthusiast has been cleared of all criminal responsibility for the ill-fated 2015 Paqpaqli għall-Istrina charity event, with the court declaring the man’s involvement “a big fat zero” seven years after he was charged.

“I had nothing to do with it. I was never in the core committee… I got to know some of the other co-accused here in court,” Jonathan Tonna told the court, adding he had initially thought the charges were “some joke”.

He was one of the five co-accused, of the original group of 13, still facing charges over the incident in which motoring enthusiast Paul Bailey’s Porsche 918 Spyder spun out of control and crashed into the crowd. About 26 spectators were injured, some critically.

The following year, members of the organising committee, together with the supercar driver, were charged with involuntary harm to victims and damage to third party property following a magisterial inquiry into the incident.

They were also sued before the civil courts for damages.

Criminal proceedings were assigned to Magistrate Victor George Axiak after former Magistrate Aaron Bugeja was elevated to judge.

Last October, Bailey registered an admission and was ordered to perform 300 hours of community service.

One of the organisers, Angelo Manara, also registered an admission and was ordered to perform 200 hours of community work.

Two months later, another six members of the core committee pleaded guilty and each was handed 200 hours of community service, plus one-thirteenth share in court expenses.

Another scene from the day of the accident in 2015. File photo

‘I’ve been here for seven years’

Tonna was involved in the annual charity event up to 2013 representing Island Cars Club, which used to organise its own motoring event at another site. The club last participated in Paqpaqli in 2014.

The following year the club decided not to hold the event because there were too few entries.

In 2015, Tonna received an email from one of the Paqpaqli organisers, Tonio Cini, asking whether Island Cars Club had a safety plan when organising their own event.

“What safety plan?” Tonna replied, explaining that pre-2015 there was no plan.

When Paqpaqli was first organised during the presidency of George Abela, safety was handled by his colleague Duncan Barbaro Sant, who gave instructions regarding track design, barriers and how the area was to be fenced off.

But after both of them stepped down, Tonna had no further involvement.

“That’s where it ended. I’ve been here for seven years and they know it.”

He got to know about the Paqpaqli incident through a relative who worked in hospital and who alerted Tonna’s wife about the casualties being rushed to emergency.

Months later, then-inspector Josric Mifsud asked Tonna whether he would assist in the magisterial inquiry as court expert.

Tonna expressed doubts about his personal qualifications but Mifsud assured him that as a motorsports enthusiast who had organised several motoring events, he was sufficiently experienced to qualify as court expert.

Tonna turned down the proposal, sensing a conflict of interest. One of his relatives had been badly injured in the crash and he also knew some of those involved in the event’s organisation.

He gave the police officer contact details of a foreign motorsports enthusiast who could provide the necessary expertise.

Then two weeks later, he received a call.

“The magistrate wants to speak to you,” the caller said.

“I thought it was some joke,” Tonna said on the witness stand.

He could not answer the inquiring magistrate’s questions because “I had nothing to do with it”.

He was questioned about the “previous years” and once the session was over, he headed back home.

In 2017, one of the event organizers dropped the bombshell, telling Tonna that he had been named in the case.

“Perhaps they have mistaken experts,” he wondered.

But he called Mifsud to check, and “he [the police officer] did not seem to know what to say”.

An injured man is administered first aid after the Paqpaqli crash. File photo.

Then court documents began to pour in. “There were 13 civil cases…€14,000 in court expenses,” explained Tonna.

The court saga also impacted his wife’s well-being.

“I had nothing to do with it. I was never in the core committee,” he insisted when questioned twice by the magistrate.

Barbaro Sant also testified that Tonna, together with the majority of the organising team, had stepped down in 2013.

After stepping down, Barbaro Sant did not hand over his safety role to anyone and could not tell who took over.

Following those testimonies, Magistrate Axiak turned to the prosecution: “Do you still want to press charges against Tonna?”

Superintendent Josric Mifsud said that if the other co-accused declared they could not point a finger at Tonna, the prosecution would take a stand.

He confirmed he had called Tonna.

“Seven years have passed in this case but it’s never too late,” the court observed.

“Tonna’s involvement was nil, nothing, a big fat zero. Can we have this declaration today so that this man may reset?”

Lawyers for Jonathan Bruno, Agostino Degiorgio, Tonio Cini and Brian Gatt unanimously minuted that Tonna had no involvement whatsoever in the organisation of the 2015 event.

The prosecution then requested the separation of proceedings and the court delivered judgment in respect of Tonna, declaring that he “clearly had no involvement of whatever nature in the organisation of the event and had no responsibility for any safety plan”.

The court cleared Tonna of all criminal liability.

“You may now leave,” said the magistrate, as Tonna left the dock and walked out of the courtroom, visibly relieved.

The case continues.

Lawyers Michael Sciriha, Lucio Sciriha and Roberto Spiteri were defence counsel to Tonna, Bruno and Cini. Lawyer Raphael Fenech Adami is counsel to Degiorgio. Lawyers Stefano Filletti and Maurice Meli are counsel to Gatt. Lawyer Michael Grech appeared parte civile.

Superintendent Mifsud and Inspector Hubert Cini are prosecuting.